📜 Aboriginal Cultural Heritage Bill 2021
The Aboriginal Cultural Heritage Bill 2021 repeals the Aboriginal Heritage Act 1972 and the Aboriginal Heritage (Marandoo) Act 1992, establishing a new framework for the protection and management of Aboriginal cultural heritage in Western Australia.
Impact
Aboriginal people, landowners, and businesses undertaking activities that may impact Aboriginal cultural heritage will be affected. It aims to empower Aboriginal people in the management of their heritage and create a balanced approach to development.
Key Changes
Parliamentary Progress
- LA Consideration in DetailLA17 Nov 2021
- LA Second Reading MovedLA17 Nov 2021
- LA Second Reading AgreedLA17 Nov 2021
- LA IntroducedLA17 Nov 2021
- LA Third ReadingLA23 Nov 2021
- LC Second Reading MovedLC30 Nov 2021
- LC Second Reading AgreedLC9 Dec 2021
- LC Third ReadingLC14 Dec 2021
- Royal Assent22 Dec 2021
Penalty Provisions14 found
Contravention of conditions on an ACH permit
“A person must not contravene a condition on an ACH permit. Penalty: a fine of $100 000.”
Contravention of conditions on an approved or authorised ACH management plan
“A person must not contravene a condition on an approved or authorised ACH management plan. Penalty: a fine of $100 000.”
Compliance with stop activity order
“A person to whom a stop activity order is given must comply with the order. Penalty: a fine of $1 000 000 and imprisonment for 5 years.”
Compliance with prohibition order
“A person to whom a prohibition order is given must comply with the order. Penalty: a fine of $1 000 000 and imprisonment for 5 years.”
Compliance with remediation order
“A person to whom a remediation order is given must comply with the order. Penalty: a fine of $1 000 000.”
Impersonating a member of the ACH Council
“A person must not impersonate a member of the ACH Council. Penalty: a fine of $10 000.”
Contravention of funding conditions for local ACH services
“If a local ACH service contravenes a condition of funding, the ACH Council may — (a) suspend or cancel the funding; or (b) require the local ACH service to repay all or part of the funding.”
Disturbing or removing Aboriginal ancestral remains
“A person must not disturb or remove Aboriginal ancestral remains. Penalty: a fine of $100 000 and imprisonment for 2 years.”
Selling or removing secret or sacred objects from the State
“A person must not sell or remove a secret or sacred object from the State. Penalty: a fine of $100 000 and imprisonment for 2 years.”
Contravention of conditions on a protected area order
“A person must not contravene a condition on a protected area order. Penalty: a fine of $100 000.”
Serious harm to Aboriginal cultural heritage
“A person must not cause serious harm to Aboriginal cultural heritage. Penalty: a fine of $1 000 000 and imprisonment for 5 years.”
Serious harm to Aboriginal cultural heritage, including by accident
“A person must not cause serious harm to Aboriginal cultural heritage, including by accident. Penalty: a fine of $500 000.”
Material harm to Aboriginal cultural heritage
“A person must not cause material harm to Aboriginal cultural heritage. Penalty: a fine of $250 000.”
Harm to Aboriginal cultural heritage
“A person must not cause harm to Aboriginal cultural heritage. Penalty: a fine of $100 000.”
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